MENA v. WHITE CITY CAR & LIMO INC.

12395, 308925/10.

117 A.D.3d 441 (2014)

985 N.Y.S.2d 234

2014 NY Slip Op 3202

HECTOR MENA, Appellant, v. WHITE CITY CAR & LIMO INC. et al., Respondents. WHITE CITY CAR & LIMO INC. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 6, 2014.


Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 24, 2012, which granted defendants' motion for summary judgment dismissing the complaint based on the failure to establish a serious injury pursuant to Insurance Law § 5102 (d), unanimously affirmed, without costs.

Defendants made a prima facie showing with respect to plaintiff's claims of injury to his neck, back and shoulder by submitting a radiologist's affirmed reports asserting...

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